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On today’s episode, Alejandra speaks with Victor Galvan, a DACA recipient who came to the United States as an infant. Earlier this week the Trump administration announced its plan to rescind DACA in six months affecting more than 800,000 young people like Victor. Also, John discusses an ACLU case on behalf of a Colorado man who spent 52 days in jail waiting to see a judge.

Call to Action: Tell your members of Congress to pass the Dream Act of 2017. Send them a message at: http://bit.ly/DreamAct17

Social media hashtags: #heretostay #dreamact

For more information on CIRC go to: http://coloradoimmigrant.org/

DACA Walkout and Rally, September 5, 2017. Denver, Colorado.

Colorado elected officials and community leaders held a press conference in support of DACA. September 1, 2017. Colorado Capitol, Denver, Colorado.

The Purple State Report is brought to you by the ACLU of Colorado. Our show was produced by Vanessa Michel, Alejandra Garza, and John Krieger with original theme music by Pablo Novelas. Additional music by Helado Negro. If you have feedback or suggestions for future episodes email us at [email protected]. 

DENVER – The ACLU of Colorado filed a lawsuit this morning against the Pueblo and Teller County Sheriff’s Offices on behalf of Michael Bailey, who was held in jail for 52 days on a years-old misdemeanor warrant awaiting his first appearance before a judge.   

The lawsuit, which was filed this morning in federal district court, seeks compensatory and punitive damages.

On Sept. 8, 2015, the Teller County Sheriff’s Office arrested Mr. Bailey on a four-year-old misdemeanor warrant from Pueblo County.  Although Colorado law requires that newly arrested detainees be brought “without unreasonable delay” to the nearest county court judge, who could set bond,  the Teller County Sheriff’s Office refused to take Mr. Bailey to court.  Instead, it waited for the Pueblo County Sheriff’s Office to transport Mr. Bailey to Pueblo.  For more than six weeks, the Pueblo County Sheriff’s Office ignored multiple notices to transport Mr. Bailey. 

When Mr. Bailey finally appeared before the Pueblo County Court after 52 days in jail, he was immediately released on a personal recognizance bond, and all charges were dismissed soon afterward.       

“Both the Teller and Pueblo County sheriffs, through their indifference and incompetence, are responsible for forcing Michael Bailey to languish in jail for two months without any opportunity to post bond or see a judge,” said Mark Silverstein, ACLU of Colorado legal director. “Bailey was stuck in legal limbo as both sheriff departments violated his constitutional right to appear promptly before a judge who could advise him of his rights and allow him to be released on bond. 

As a result of his prolonged detention, Bailey lost his job and nearly two months of wages.

According to ACLU of Colorado staff attorney Rebecca Wallace, what happened to Mr. Bailey is indicative of a long-standing, statewide problem. 

“For years, the ACLU of Colorado has been receiving complaints of defendants languishing in jail on warrants from other counties for 10 days or more, with no opportunity to see a judge,” said Wallace.  “We have been investigating the cause of these delays and have determined that many county sheriffs across the state are not following court rules requiring them to bring their prisoners promptly before a judge for a first appearance.  This failure not only violates defendants’ constitutional rights, it also contributes to the problem of over-incarceration and jail overcrowding that plagues Colorado.”

“The real-life consequences of pretrial detention are broad and deep,” said ACLU cooperating attorney Darold Killmer. “That’s why we have due process protections built into the system to ensure that pretrial defendants, who are innocent in the eyes of the law, are not stuck in jail waiting for their day in court.  In this case, and far too many others across the state, those protections failed because they were not followed.”

Bailey is represented by Silverstein, Wallace and Killmer, as well as Michael Fairhurst of Killmer, Lane & Newman, LLP. 

more on this case

9/5/17
DENVER — The Trump administration today announced the termination of the Deferred Action for Childhood Arrivals (DACA) Program. The DACA program has served as a critical lifeline for nearly 800,000 young immigrants, or “Dreamers,” including more than 17,000 here in Colorado, who came to this country as children and know the United States as their only home.
The following is a statement from ACLU of Colorado Executive Director Nathan Woodliff-Stanley reacting to the White House announcement rescinding the Deferred Action for Childhood Arrivals (DACA) program:

“There is no humane way to end DACA before having a legislative fix in place. Today’s decision to end the program is in response to a fake deadline and as part of a manufactured crisis.
“Five years ago, the federal government made a deal with immigrant youth: As long as you pass a criminal background check, you can live, study, and work here. Hundreds of thousands of young people came out of the shadows and accepted the government’s offer in good faith and worked hard to build their lives here.
“Today, the government and President Trump went back on their word, threw the lives and futures of 800,000 Dreamers and their families into disarray, and injected chaos and uncertainty into thousands of workplaces and communities across America.
“In Colorado alone, more than 17,000 of our neighbors used their DACA status to give back to our country in innumerable ways: they are our doctors, soldiers, and students. They are our neighbors, family, and friends.
“Now, the fate of 800,000 young adults, who call this country their home, lies in the hands of Congress. Colorado lawmakers, including Senator Cory Gardner and Representative Mike Coffman, must decide if they are on the side of Dreamers and our country’s foundation or on the side of the ugly forces that helped to end DACA. These 800,000 lives are not pawns and Congress must step up and deliver a clean and bipartisan solution, such as the Dream Act.
“While this is a hard day for the immigrant community and America as a whole, we will continue to fight. Years of courage, sacrifices, and organizing won the DACA program in 2012. Nothing will deter these Americans and our allies in Colorado and across the country from continuing to fight on behalf of their futures and holding those responsible accountable.”